Legal Question in Wills and Trusts in Illinois
joint tennancy
My fathers name only was on the note for his house where he lived with my mother( they were married) and he passed away does the house become part of his estate or does she have joint tennancy rights in Illinois? He has one daughter from previous marrage.
1 Answer from Attorneys
Re: joint tenancy
Your question is unclear. Is his name only on the title? This is the critical question. If it is in joint tenancy and his wife survived him then the house belongs to her by right of survivorship.
You ask: " . . .does she have joint tennancy rights in Illinois?" Not automatically just because she is married to him. Title is key. Did he own it in his own name or in some form of common ownership? If the latter was it tenancy in common? Joint tenancy?
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